Opinion
March 21, 1958.
April 16, 1958.
Criminal law — Practice — Habeas corpus — Repetitious petitions — Erroneous imprisonment in state penitentiary instead of county prison — Multiple day credits.
In a habeas corpus proceeding, in which it appeared that relator was convicted of fraudulent conversion and sentenced to imprisonment in the penitentiary; that in a prior petition for a writ of habeas corpus the court below had held that the sentence should have been to the county prison but denied relator's contention that he should receive multiple day credits for every day he had been erroneously confined in the penitentiary; that relator did not appeal from dismissal of his former petition; and that relator's petition in the instant case was entirely repetitious; it was Held that the order of the court below dismissing relator's second petition should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 116, Oct. T., 1958, from order of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1957, No. 2611, in case of Commonwealth of Pennsylvania ex rel. Theodore C. Zarozny v. Richard W. Dennison, Warden. Order affirmed.
Same case in court below: 11 Pa. D. C. 2d 738.
Habeas corpus.
Order entered dismissing petition, opinion by REIMEL, J. Relator appealed.
Theodore C. Zarozny, appellant, in propria persona.
Charles L. Durham, Juanita Kidd Stout, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted March 21, 1958.
The order of the court below is affirmed on the opinion of Judge REIMEL, as reported in 11 Pa. D. C. 2d 738.